Court hears of bullet lie request

Shamsuddin Mahmood was shot dead 14 years ago

A former marine has told a court that the police officer father of a murder accused asked him to lie about stolen ammunition.

Michael Ross, 29, denies murdering 26-year-old waiter Shamsuddin Mahmood at a restaurant in Orkney in 1994.

James Spence told the High Court in Glasgow he earlier sold bullets of the same type as killed Mr Mahmood to Edmund Ross.

Michael Ross, of Inverness, was 15 at the time of the waiter's death.

Mr Spence told Brian McConnachie QC, prosecuting, that he sold Michael Ross's father Edmund Ross boxes of cartridges.

The court was told that the ammunition, which had been stolen from the Royal Marine base in Arbroath by Mr Spence, was of the same type as the bullet that killed Mr Mahmood.

He said that he told the police he had got ammunition from me. He told me to tell them that it was just one box James Spence Witness

He told the court that he handed over the ammunition to Edmund Ross sometime between 1982 and 1986.

Mr Spence - who was working in Kirkwall as a road sweeper in 1994 - said that after the shooting of Mr Mahmood, he was approached by Edmund Ross.

He told the court: "He said 'tell them that it was one box of nine mm'."

When asked by Mr McConnachie who he thought Mr Ross meant, Mr Spence replied: "The police because the police were interviewing everyone in Kirkwall about the murder.

"He said that he told the police he had got ammunition from me. He told me to tell them that it was just one box."

The court was told that in his first interview with police, Mr Spence said that there had only been one sealed box of cartridges.

But, at a second police interview in December 1994, he claimed that there had been one and a half boxes.

Under cross-examination, Mr Spence agreed with defence QC Donald Findlay that in relation to the ammunition his motives throughout had been "a combination of dishonesty and self-interest".

Special defence

Mr Spence admitted that he had stolen the ammunition, had breached the Firearms Act and lied to police in his first interview.

He was asked by Mr Findlay if he had ever been charged in relation to any of these offences.

He replied: "No."

The court was told that Mr Ross denies ever asking Mr Spence to lie to the police for him and maintains there was only one sealed box of cartridges.

Prosecutor Mr McConnachie later said to Mr Spence: "Either you or Eddie Ross is lying, which is it?"

Mr Spence replied: "It is not me, sir."

He was then asked: "Who does that leave us with?"

Mr Spence said: "Mr Ross."

Michael Ross is further charged with, while acting with others whose identities are unknown, committing a breach of the peace outside the Indian restaurant by shouting, swearing, uttering threats of violence and racist abuse.

The offence was allegedly committed between May 3 and May 24, 1994.

Ross is also accused of on May 19, 1994 in Papdale Woods, Kirkwall, with his face masked crouched behind a wall and trees and committed a breach of the peace.

He denies all charges and has lodged a special defence of alibi claiming he was nowhere near the Indian restaurant or Kirkwall town centre, but was cycling in another part of Orkney.

The trial, before Lord Hardie, continues.